PROPOSAL (OFFER)
CONCLUSION OF THE AGREEMENT FOR THE PURCHASE AND SALE OF GOODS

 

LLC "Metro Cash and Carry of Ukraine" (hereinafter - METRO) offers (provides an offer) to conclude a contract of sale of the Goods on the terms and in the order specified below. The buyer, acting for the purpose of purchasing the Goods, accepts the terms of this offer to enter into a contract for the purchase and sale of goods (hereinafter referred to as the Contract) on the following terms.

1. General provisions

1.1. The following information is an official offer (offer) of METRO to any natural person (hereinafter referred to as the Buyer) to conclude a contract for the sale of goods. This contract is public, that is, according to Article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers.

1.2. The provisions of this proposal (offer) determine all the essential terms of the Agreement and are the same for all buyers.

1.3. In accordance with Article 642 of the Civil Code of Ukraine, the fact of execution and placement of the Order is the full and unconditional acceptance of the terms of this offer (offer), which confirms the conclusion of the Agreement for the purchase and sale of goods on the terms proposed below.

1.4. By completing and placing the Order, the Buyer confirms his agreement and unconditional acceptance of the terms of this offer (offer).

1.5. By placing an order, the Buyer becomes a METRO client and agrees to the General Terms and Conditions of Purchase in Wholesale Shopping Centers of LLC "METRO CASH AND CARRY UKRAINE". In connection with acquiring the status of a METRO client, the Buyer may be provided with a METRO client card in the manner provided for by the above conditions.

1.6. By concluding the Agreement (i.e. accepting the terms of this Offer (Offer) by placing and placing an Order), the Buyer confirms the following:

1. a) The Buyer is fully and completely familiar with and agrees with the terms of this offer (offer);
2. b) he consents to the collection, processing and transfer of personal data in accordance with the Privacy Policy. By concluding the Agreement, the Buyer confirms that he is familiar with the rights established by the Law of Ukraine "On Personal Data Protection", the purposes of data collection, as well as the fact that his data may be transferred to third parties, including outside Ukraine, to the extent necessary to achieve the purposes of personal data processing and/or fulfill obligations in accordance with the legislation of Ukraine.

1. Terms and definitions

2.1. Seller - Limited Liability Company "Metro Cash & Carry Ukraine", which is a legal entity registered in accordance with the legislation of Ukraine and located at: 43 P. Hryhorenko Avenue, Kyiv, 02140.

2.2 Goods - goods specified by the Seller, the description of which is posted on the Seller's instructions on the electronic service Metro.zakaz.ua, which is available in one of the Seller's shopping centers, ordering from which is available through the Metro.zakaz.ua Service (hereinafter referred to as the Shopping Center / Shopping Centers), (depending on the location of the Buyer), and available in the relevant Shopping Center of the Seller as of the date of shipment, for which the Seller determines the price, name and assortment. The description of the goods may also be accompanied by its image.

2.3. The Buyer is a legally competent natural person (who has reached the age of eighteen) who orders Goods from the Seller using the Metro.zakaz.ua Service under the terms of this public offer (offer).

2.4. Order - the Buyer's application for the purchase of Goods, addressed to the Seller, which is issued and placed through the Metro.zakaz.ua Service.

2.5. The Metro.zakaz.ua service is a collection of data accessed through a web browser and software modules united by a single management system, located on the Internet at www.Metro.zakaz.ua and in the Metro store window in the Zakaz mobile application.

2.6. The date of shipment is the date of sale of the Goods by the Seller to the Buyer in the shopping center, specified in the relevant fiscal check of the Seller.

2.7. Courier service - ZAKAZ.YUA Limited Liability Company, which is a legal entity registered in accordance with the legislation of Ukraine, identification code: 43890867, location: 01021, Kyiv, str. Klovsky Uzviz, bldg. 9/2, sq. 70, postal address: 01103, Kyiv, Railway Highway, 2a.

1. Subject matter of the contract for the sale of goods

3.1. The Seller undertakes to sell, transfer to the Buyer's ownership the Goods available at the relevant Seller's Shopping Center on the date and time of shipment on the basis of the Buyer's Order, on the terms and in the manner specified in this offer (offer) to conclude a contract for the sale of goods, and the Buyer undertakes to receive such Goods and pay its value in accordance with the terms of the Agreement.

3.2. The Seller undertakes to deliver only the Goods available in the Shopping Center on the date of shipment. In case of absence of the ordered Goods in the relevant Seller's Shopping Center on the date of shipment, the Seller has the right not to fulfill the Order in terms of such Goods, or, with the consent of the Buyer, to replace it with a similar one.

3.3 The Seller guarantees that the Goods are not pledged, are not in dispute, are not under arrest and are not subject to the rights of third parties.

3.4. The Seller confirms that he has all the necessary permits for carrying out economic activities provided for by the legislation governing the scope of legal relations arising and operating in the course of the contract, and also guarantees that he has the right to sell the goods without any restrictions, in accordance with the requirements of the current legislation of Ukraine and undertakes to bear responsibility in case of violation of the Buyer's rights in the course of the contract and the sale of the goods.

3.5. The Buyer accepts the terms of this offer (offer) and concludes the Agreement at the time of placing the completed Order by clicking on the "Order" button through the Metro.zakaz.ua Service or in another way, which means the Buyer's confirmation of familiarization with the text of this offer (offer) and agreement with its terms.

1. Ordering procedure

4.1 The Buyer independently places an Order through the Metro.zakaz.ua Service by adding the selected Goods to the "Cart" by clicking the "Add to Cart" button or in another way and confirming acceptance of this Offer (offer).

4.2 Only registered Buyers on the Metro.zakaz.ua Service can place an Order for the Goods.

1. Price and payment procedure

5.1. The goods are sold at prices established on the date and time of shipment.

5.2. The current prices for each Product on the date of the Order are indicated on the Metro.zakaz.ua Service. If the Goods are received by the Buyer not on the day of the Order, the prices for the Goods may be changed by the Seller unilaterally (depending on the prices in force in the relevant Shopping Center on the date of shipment of the Goods). The price of the Goods indicated on the Metro.zakaz.ua service may differ from the price set in the relevant Shopping Center of METRO.

5.3. The cost of packaging materials is not included in the price of the Goods and is subject to additional payment by the Buyers together with the payment for the Goods. The amount of necessary packaging materials shall be determined by the Seller independently, taking into account the ordered range of Goods, product neighborhood, etc. The Buyer undertakes to accept and pay for the cost of packaging materials simultaneously with the Goods at the prices in force at the relevant Seller's Shopping Center on the date of shipment.

5.4. The total value of the Goods sold to the Buyer shall be indicated in the settlement and shipping documents (fiscal check) provided by the Seller to the Buyer, subject to clause 3.1 hereof. The documents referred to in this clause are integral parts of this Agreement.

5.5. The contract price is equal to the sum of the cost of all purchased Goods (and packaging materials). The amount of the order may vary depending on the price, quantity or range of the Goods available at the relevant Seller's Shopping Center on the date and time of shipment.

5.6. The Buyer is obliged to pay for the Goods on a deferred payment basis, after the Seller has printed the relevant fiscal receipt, on the basis of the received payment notice, and no later than the moment the Goods are delivered to the Buyer by the Courier Service.

5.7. Payment for the Goods shall be made by the Buyer in the national currency of Ukraine, hryvnia, in the form of a bank transfer to the Seller's bank account specified in this Agreement, which is initiated by the Buyer by entering the details of the Client's electronic payment instrument in the payment service widget posted on the Metro.zakaz.ua Service or in another form and in another way available to Buyers on the Metro.zakaz.ua Service. In the case of payment by bank transfer, the Goods shall be considered paid from the moment the payment funds are received to the Seller's current account.

5.8. The price of the Goods indicated on the Metro.zakaz.ua Service may be changed by the Seller unilaterally until the moment of shipment.

5.9. METRO customer cards are not valid when placing an Order on the Metro.zakaz.ua Service.

5.10. To order the Goods using the Metro.zakaz.ua Service, only those discounts, promotions, special offers, etc. (hereinafter referred to as the Offers) are valid, which are indicated directly on the specified Service when placing an Order. At the same time, such Offers may differ from the Offers valid for purchases on the terms of an oral transaction directly in the Seller's Shopping Centers without ordering through the Metro.zakaz.ua Service.

1. The procedure for acceptance and transfer of the Goods. Terms of return

6.1. The Buyer has the right to purchase the Goods posted on the Metro.zakaz.ua Service and available at the relevant Seller's Shopping Center as of the date and time of shipment.

6.2. The Seller sells the Goods to the Buyer under the terms of this Agreement without delivery obligations. The ownership of the Goods shall be transferred from the Seller to the Buyer at the time of delivery of the relevant Goods purchased by the Buyer in the Shopping Center by placing an Order in the Metro.zakaz. ua, to the Courier Service in the Shopping Center for delivery of such Goods to the Buyer under the terms of the delivery service agreement concluded between the Buyer and the Courier Service by accepting the Buyer's public offer of the Courier Service posted in the Metro.zakaz.ua Service, simultaneously with the acceptance of the offer to conclude this Agreement, by placing the relevant order in the Metro.zakaz.ua Service. The Seller's obligation to transfer the Goods to the Buyer shall be deemed fulfilled at the time of transfer of the Goods to the Courier Service in the Shopping Center for delivery to the Buyer.

6.2. The Buyer is obliged to accept the Goods on the terms of this Agreement. If the Buyer refuses to accept the Goods / fails to accept the Goods in whole or in part and / or fails to pay for the Goods before delivery by the Courier Service, the Seller has the right to withdraw from this Agreement unilaterally.

6.4. Terms of return of the Goods:

6.4.1 Non-food products without quality claims may be returned within 14 days from the date of purchase if the product: has not been used; is returned: in its original packaging, in a complete set, with intact seals, with protective films and consumables (if included) - in the same condition as it was purchased, and must be accompanied by the original receipt. In controversial cases where checking for traces of operation of technically complex household goods requires an official expert assessment, the Client should contact an authorized service center and receive a technical inspection report, on the basis of which a decision will be made to satisfy or reject the Client's request for the return of such products.

Good quality non-food products that are not covered by the warranty period may be returned to the Shopping Center within 14 days from the date of purchase, provided that all necessary documents are provided, the completeness of the products, seals, packaging and integrity of the goods are preserved.

Defective goods for which the warranty period has been established are serviced in warranty workshops, the addresses of which are indicated in the warranty cards.

The return of such goods is possible only

during the warranty period, provided that the warranty workshop has a conclusion that the goods have a defect, the elimination of which is impractical or impossible;

if there is an independent expert opinion confirming that the goods do not meet the quality indicators.

Non-food products with a defect that do not belong to the groups of technically warehouse household goods (not subject to warranty repair (maintenance) or warranty replacement) may be returned within the period set by the product manufacturer, which is indicated on the labeling or in the accompanying product documents.

6.4.2. List of goods of good quality that are not subject to exchange (return):

High-quality food products, down and feather products, underwear, bedding, printed matter, soft and rubber inflatable toys, goods for babies, perfumes and cosmetics, goods in aerosol packaging, personal care products, gloves and hosiery, alcoholic beverages, tobacco products and other goods that cannot be exchanged (returned) in accordance with the applicable consumer protection legislation.

1. Rights and obligations of the Seller

7.1. The Seller has the right to: unilaterally change the prices for the Goods (including those ordered by the Buyer), the range of Goods available in the Shopping Center on the date and time of shipment.

7.2. The Seller shall have the right to unilaterally change the Order, including fully or partially refuse to fulfill the Order (withdraw from the Agreement), in case of absence of the Goods in the relevant Seller's Shopping Center as of the date and time of shipment.

7.3. The Seller is obliged to ensure and guarantee that the quality of the Goods meets the quality requirements on the territory of Ukraine.

1. Rights and obligations of the Buyer

8.1. The buyer has the right:

- Receive the Goods under the terms of this Agreement.

- Refuse to accept the Goods in case of non-compliance of its characteristics with the previously ordered Goods.

- To exercise other rights in accordance with the provisions of the current legislation of Ukraine.

8.2. The Buyer is obliged to:

- Provide the Seller with accurate, truthful and correct information, including when registering on the Metro.zakaz.ua Service.

- Pay for the Goods and packaging materials in accordance with the settlement and shipping documents at the price specified in them.

1. Responsibility of the parties

9.1. The Seller shall not be liable for damage caused to the Buyer as a result of improper use of the Goods pre-ordered on the Metro.zakaz.ua Service and purchased from the Seller.

9.2. The Seller shall not be liable for improper, untimely fulfillment of the Orders and its obligations in case the Buyer provides false or misleading information.

9.3. The Seller and the Buyer shall be responsible for fulfilling their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.

9.4. The Seller or the Buyer shall be released from liability for full or partial failure to fulfill their obligations if the failure is the result of such force majeure circumstances as: war or hostilities, earthquake, flood, fire and other natural disasters, acts or actions of public authorities, changes in customs regulations, import and export restrictions that arose independently of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The Party that is unable to fulfill its obligations shall immediately notify the other Party thereof and provide documents confirming the existence of such circumstances issued by the authorized bodies.

1. Term of the Agreement

10.1. The Agreement shall be deemed concluded from the moment the Buyer places the Order on the Metro.zakaz.ua Service and shall be valid until the Buyer accepts and fully pays for the Goods.

10.2. Unilateral changes to the terms of this Agreement are not allowed, except for changes in the price and range of goods, etc. by the Seller, as specified in this Agreement.

1. Information messages

11.1. By registering on the Metro.zakaz.ua Service, the Buyer gives the Seller consent to receive information messages from the Seller and its partners acting on the basis of an agreement with the Seller by means of short message services (SMS) and e-mail.

11.2. At any time, the Buyer has the right to refuse to receive such mailing by sending an e-mail to [email protected]

1. Rules for the use of materials posted on the Metro.zakaz.ua Service

12.1. The Metro.zakaz.ua Service contains materials, trademarks, trade names and other materials protected by law, including, but not limited to, texts, photographs, graphic images, music and sound works.

12.2. All content on the Metro.zakaz.ua Service is protected by the laws of Ukraine.

12.3. The Buyer has no right to use the materials posted on the Metro.zakaz.ua Service, such as: make changes, publish, transfer to third parties, participate in the sale or assignment, create derivative products, etc.

1. Other terms and conditions

13.1. The contract for the sale of goods concluded in accordance with this offer shall be deemed to be concluded on the territory of Ukraine and shall be governed by the laws of Ukraine.

13.2. The contract for the sale of goods concluded in accordance with this offer shall enter into force from the moment of execution and placement of the Order and shall be valid until the parties' obligations under it are fully fulfilled.

13.3 The invalidity of any clause or part of the contract concluded in accordance with this offer does not lead to the invalidity of the contract as a whole.

13.4. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to resolve the dispute, the Buyer or the Seller may apply to the judicial authorities in accordance with the current legislation.

13.4. The Seller has the right to make changes to the text of this offer at its sole discretion at any time and without prior notice to the Buyers. The current (valid) version of the offer is always available on the Metro.zakaz.ua Service.

13.5. The absence of a copy of the agreement concluded in accordance with this offer signed by the Seller and the Buyer on paper with the signatures of the parties shall not be grounds for recognizing this agreement as not concluded. Confirmation of the order on the Metro.zakaz.ua Service in accordance with the Order made by the Buyer on the Metro.zakaz.ua Service is considered the Buyer's acceptance (in accordance with Art. 642 and Chapter 54 of the Civil Code of Ukraine) and is the moment when the contract of sale of goods comes into force.

13.6. If the Buyer has any claims/suggestions, he/she may contact the Buyer by phone: +38 (044) 392-1202

or by e-mail: [email protected].